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HomeMy WebLinkAbout2006-02 Initiating Annexation Proceedings; Finding the Annexation Petition to be in Substantial ComplianceRESOLUTION NO. 2 Series of 2006 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL INITIATING ANNEXATION PROCEEDINGS; FINDING THE ANNEXATION PETITION TO BE IN SUBSTANTIAL COMPLIANCE; AND SETTING A HEARING THEREON. WHEREAS, a Petition for Annexation of a certain parcel of land located in Section 8, Township 5 South, Range 80 West, of the 6`h Principal Meridian, County of Eagle, State of Colorado, and described as set forth in Exhibit A attached hereto, was filed with the Town Clerk of the Town of Vail, Colorado on February 14, 2006; and WHEREAS, the petition has been referred to the Town Council of the Town of Vail, Colorado, for a determination of substantial compliance with the requirements of Section 31-12-107(1) of the Colorado Revised Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1, The Petition for Annexation of a certain parcel of land located in Section 8, Township 5 South, Range 80 West, of the 6th Principal Meridian, County of Eagle, State of Colorado, and described as set forth in Exhibit A attached hereto and incorporated herein by this reference, is hereby determined to be in substantial compliance with Section 31- 12-107(1) of the Colorado Revised Statutes. Section 2. The Town Council shall hold a public hearing on the proposed annexation on April 4, 2006, at the regular meeting of the Town Council of the Town of Vail, to commence at 6:00 P.M. local Vail time, in the Municipal Building of the Town of Vail at 75 Frontage Road, Vail, Colorado 81657, to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105 of the Colorado Revised Statutes, or such parts thereof as may be required to establish eligibility for annexation. Section 3. A Notice of Public Hearing, including this Resolution, shall be published five (5) times, to occur once a week for four (4) successive weeks in the Vail Daily or other newspaper of general circulation in the area proposed to be annexed, commencing no later than March 2, 2006. Section 4. This Resolution shall be effective immediately upon adoption. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 21St day of February, 2006. Roney E. Slifer G for of the Town of Vail, Colorado ATTEST: ~p`r;::•:• :,i SEALoleiDonaldson Town Clerk c~ .t Or,. 6~saza.~ Rc~sx Exhibit A Legal Description Of Annexation Property LOTS 1 AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT DATED FEBRUARY 3, 2005 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BEING DESCRIBED ALTERNATIVELY AS FOLLOWS: BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS N89°43'59"W A DISTANCE OF 1322.52 FEET, SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) THE FOLLOWING TWO COURSES: 1) S00°21'52"W 165.00 FEET 2) S00°21'52"W 277.76 FEET THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168)), S00°21'52"W 57.24 FEET; THENCE N89°45'07"W 247.96 FEET; THENCE N33°20'55"W 282.22 FEET; THENCE N89°45'45"W 488.32 FEET; THENCE N00°14'21"E 265.13 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) S89°43'59"E 100.00 FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S00°15'18"W 165.37 FEET TO THE SOUTHWEST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°45'57"E 131.89 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION N00°21'19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NUMBER 96382) S89°43'59"E 248.13 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS. 678824.1 RCFISH A-1 PETITION FOR ANNEXATION VAIL'S FRONT DOOR TO THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The undersigned ("Petitioner"), in accordance with The Municipal Annexation Act of 1965, as amended and as set forth in Article 12, Title 31, Colorado Revised Statutes the ("Annexation Act"), hereby submits this petition (this "Petition") to the Town Council of the Town of Vail, Colorado ("Town"), to annex to the Town the unincorporated territory located in the County of Eagle, State of Colorado, described as set forth on Exhibit A, attached hereto and incorporated herein by reference (the "Property"), and in support of this Petition, Petitioner alleges that: It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections 104 and 105 of the Annexation Act exist or have been met. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioner comprises more than fifty percent (50%) of the landowners within the meaning of Section 107(7) of the Annexation Act) in the Property and owns more than fifty percent (50%) of the Property exclusive of streets and alleys, and the Petitioner hereby consents to the establishment of the boundaries of the Property as shown on the annexation map submitted herewith. The Petitioner is the owner (within the meaning of Section 107(7) of the Annexation Act) of one hundred percent (100%} of the Property, which satisfies the requirements for annexation under Section 107(1)(g) of the Annexation Act. 9. The Property is not presently a part of any incorporated city, city and county, or town; nor have any proceedings been commenced for annexation of part or all of the Property to any other municipality; nor has any election for annexation of the Property or substantially the same territory to the Town, been held within twelve months immediately preceding the filing of this Petition. nia~is 10. The proposed annexation will not result in detachment of area from any • school district or attachment of same to another school district. 11. The proposed annexation will not extend the municipal boundary of the Town more than three miles in any direction from any point of the current municipal boundary. 12. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 13. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: a. is being divided unto separate parts or parcels without the written consent of the landowner or landowners thereof; or b. comprising 20 acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. • 14. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 15. The affidavit of the circulator of this Petition certifying that the signature on this Petition is the signature of the person or agency whose name it purports to be and certifying the accuracy of the date of such signature, is attached hereto as Exhibit B, and is incorporated herein by reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: A written legal description of the boundaries of the Property; b. A map showing the boundary of the Property; c. Within the annexation boundary map, a showing of location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plot or lots and blocks; and 571831.5 2 d. Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. In connection with the submission of this Petition, Petitioner will hereafter submit a zoning application for the Property, including initial zoning and a development plan; a related development agreement; and a subdivision plat for or inclusive of the Property (the "Additional Submittals"). In connection with the processing of this Petition, Petitioner requests that the Town institute zoning procedures pursuant to Section 115 of the Annexation Act and Title 12 of the Municipal Code of the Town, and other procedures applicable to the Town's adoption of the Additional Submittals. 18. Petitioner has filed this Petition, subject to the following conditions: a. As of the date of the execution and submission of this Petition, the Property is part of a proposed land exchange whereby Petitioner will be conveyed fee title to the Property. No final action shall be taken with respect to this Petition or the Additional Submittals until the land exchange is consummated. b. Petitioner reserves the sole, exclusive and unilateral right to withdraw this Petition by so notifying the Town Clerk in writing at any point prior to thirty-one (31) days after adoption of the final ordinance approving the annexation of the Property to the Town pursuant to this Petition. 19. Except for the terms and conditions of this Petition and the Additional Submittals, which terms and conditions Petitioner expressly approves and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section 107(1)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioner requests that the Town Council of the Town of Vail, Colorado complete and approve the annexation of the Property pursuant to the provisions of the Annexation Act. s7iasi.s Respectfully submitted this ~ ~~ day of February, 2006. SIGNATURE OF LANDOWNER/PETITIONER: THE VAIL CORPORATION, a Colorado corporation Name: f Q r ~~ ~ ~ ~I ~~, Title: ~ r' (_ ~ ~ <° ~ >~~`~ ~ S ~ ~~~ ~" ~~~ Date of Signature: ~` G~ r^~, .~ r y ~ •~; .~ ~~` Mailing Address: PO Box 7 Vail, CO 81658 Resident of the Property? NO t Approved sr to form: LeKal Uepsrtment Name: (. RRY ARN U lSitnatnre:~PiL'1~cd •~r~ Unte: ~ - ~Q~/b0 (p L~ 571831.5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL DESCRIPTION: LOTS 1 AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT DATED FEBRUARY 3, 2005 (LOT 4), AND DECEMBER 30, 1988 LOT 1), AND ALSO BEING DESCRIBED ALTERNATIVELY AS FOLLOWS: BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCII'AL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS N89°43'59"W A DISTANCE OF 1322.52 FEET, SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) THE FOLLOWING TWO COURSES: 1) S00°21'52"W 165.00 FEET 2) S00°21'52"W 277.76 FEET THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT RECEPTION NUMBER 352168)), 800°21'52"W 57.24 FEET; THENCE N89°45'07"W 247.96 FEET; THENCE N33°20'55"W 282.22 FEET; THENCE N89°45'45"W 488.32 FEET; THENCE N00° 14'21 "E 265.13 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSNE WITH SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) S89°43'59"E 100.00 FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S00°15'18"W 165.37 FEET TO THE SOUTHWEST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION 889°45'57"E 131.89 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION 889°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION N00°21' 19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF Exhibit A Page 1 571831.5 SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID • POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NUMBER 96382) S89°43'59"E 248.13 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS. Petitioner is the owner of the above-described property] C, Exhibit A Page 2 571831.5 I. ' EXHIBIT B AFFIDAVIT OF CIRCULATOR e ~ r ~ ft r -, o ~C~ being of lawful age and duly sworn upon his/her oath, deposes and says that the signature on this Petition for Annexation to the Town of Vail, Colorado, consisting of five pages, excluding the page(s) of this Exhibit B, was witnessed by circulator and is the true and original signature of the person whose name it purports to be and the date of such signature is accurate. Circulator ~~ ~ STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this 13~~' day of February, 2006, by J "~ My commission expires: Witness my hand and official seal. P S. ROF~ X11 t k1 tits -~1 `~ ~ ~, Notary Public N:A ~j~~0 9r~ FB O~O~PO yly Cortrdsaion F.~ires 0710612008 Exhibit B Page 1 s7iaais